Yesterday’s DACA Ruling

I miss the more sedate pace of yesteryear, when we might have chewed over a ruling on a president’s immigration-related order for several days. Too much goes by the boards in these evil times. But yesterday, the Trump admin did get a major rebuke from a Republican-appointed judge for tantrum-torpedoing the DACA program because Obama. Via Vox:

In a ruling released Tuesday night in the case NAACP v. Trump (combined with the case Trustees of Princeton University v. Trump), DC District Judge John Bates continued a streak of legal defeats the Trump administration has suffered in their attempts to end the DACA program.

Two federal judges had already issued preliminary injunctions against the administration, forcing the government to allow immigrants who already have work permits under DACA to apply for two-year renewals.

Judge Bates went further. His ruling would force the Trump administration to allow immigrants who qualify for DACA — by being between the ages of 15 and 31, having arrived in the US before 2007, being enrolled in school or having a degree, and not having a significant criminal record — to apply for work permits even if they never applied before September 2017.

Crucially, though, Bates’s ruling doesn’t go into effect for 90 days. In the meantime, the judge is giving the Trump administration a chance to redeem itself. If Trump’s Department of Homeland Security issues a new memo in the next 90 days that offers a stronger legal argument for ending DACA than the one it’s provided so far, it can avoid having to grant new DACA permits.

The ruling could end up reanimating DACA in full, against the administration’s wishes. Or it could give the administration a lifeline that will help it persuade appeals courts to overturn the defeats it’s already suffered. It all depends on what happens in the next 90 days.

I’m not a lawyer, so I don’t know what the chances are the Trump people will come up with a rationale that will satisfy the judge. Sarah Huckabee Sanders’ comments on the ruling today indicate that all they have so far is the racist bamboozle dance they’ve been doing all along. Via Politico:

Speaking at the White House press briefing, Sanders blasted the ruling as “extraordinarily broad and wrong on the law.”

“This ruling is good news for smuggling organizations and criminal networks and horrible news for our national security,” the Trump spokeswoman said.

Sanders argued that the decision “creates an incentive for more illegal immigrant youth to come here and causes them to expect similar judicial policies be applied to them.”

Unless the youthful drug mules in Huckabee Sanders’ imagination are capable of traveling back in time and arriving in the U.S. by 2007, they won’t qualify for DACA. She probably knows that. Or not. Anyway, she’s a liar, as is her boss.

American young people in DACA status are worth at least 10,000 spawn of Mike Huckabee and represent less than 1/10,000th of a national security threat than Trump’s unsecured phone. But you knew that.

Open thread.

69 replies
  1. 1
    Chet Murthy says:

    OT (since OT): Ronnie Jackson is toast

    Geez, 23 colleagues. Men. Men. Geez. Men. smdh.

  2. 2
    Yarrow says:

    Anyway, she’s a liar, as is her boss.

    I had the misfortune of seeing her face on the TV today. She is such an ugly looking person. And it’s not really about her looks. It’s the ugly on the inside that just radiates from her every pore.

  3. 3
    JPL says:

    @Chet Murthy: If he was prescribing himself opioids, I think his career in the military is finished. He’s young, so not sure where he goes from here.

  4. 4

    I’m not a lawyer, so I don’t know what the chances are the Trump people will come up with a rationale that will satisfy the judge.

    Judging purely from the administration’s performance so far, there’s about a 1 in 4 chance a non-idiot will craft something immoral and vile but legal. The other 3 out of 4, the administration comes back with proof the arguments against them were right all along.

    Unless the youthful drug mules in Huckabee Sanders’ imagination are capable of traveling back in time and arriving in the U.S. by 2007, they won’t qualify for DACA. She probably knows that. Or not. Anyway, she’s a liar, as is her boss.

    Putting on my Racist Whisperer hat again. I have no idea about Sanders, but in the mind of Trump, Kelly, most of his administration, and tens of millions of Republican voters, you are missing the bigger picture. They know in their hearts that America is being flooded with drug-dealing, rapist, murdering, Mexican immigrants. Your argument just means that you don’t get it, caught on a technicality without seeing whatever fact must exist that proves you’re wrong. It doesn’t matter what that fact is. They know it must be there because they know that Spooky Spooky Drug Dealers Drug Cartels Oooh, so they’re free to dismiss your arguments.

  5. 5
    feebog says:

    @Yarrow:

    She is such an ugly looking person. And it’s not really about her looks. It’s the ugly on the inside that just radiates from her every pore.

    I don’t know, every time I see her I am reminded about lipstick and a pig for some reason.

  6. 6
    Smedley Darlington Prunebanks (formerly Mumphrey, et Al.) says:

    I’m so fucking glad Mueller is going to put out a report in two or three months, and I don’t want to get greedy here, but damn, can’t he get it done already? This misadministration fucks the country harder by the day.

  7. 7
    Yarrow says:

    @JPL: I wonder if they’ll let him retire and collect his pension? Seems like if the allegations are true they are so bad that maybe he would not be allowed to do that. And his medical career is toast. What a mess.

  8. 8
    Baud says:

    @Chet Murthy: I’m starting to doubt his assessment of Trump’s health.

  9. 9
    Bobby Thomson says:

    @Chet Murthy: why do you think he’s toast? He sucks, but so do Trump and all of his entourage.

  10. 10
    JPL says:

    @Yarrow: There’s probably a short window of time that he could resign without further investigation.

  11. 11
    Bobby Thomson says:

    @Baud: lol.

  12. 12
    tobie says:

    I wonder how long before these DACA make their way to the Supreme Court. Yesterday’s ruling gutting the ability of Americans to hold foreign corporations liable for human rights abuses and today’s oral arguments concerning the muslim ban have gotten me depressed. I don’t know how Kennedy earned his reputation as a swing vote on the court. With the exception of LGBTQ rights, he strikes me as someone who always sides with the powerful.

  13. 13
    SiubhanDuinne says:

    @Chet Murthy:

    Back when he had that presser in January, following T’s annual physical, I came away with distinctly skeevy vibes about Ronny Jackson. Never envisioned anything like this, though.

  14. 14
    Bobby Thomson says:

    @Yarrow: have you met Republicans? They’ll confirm him.

  15. 15

    @Frankensteinbeck: I should give you the emails my ex-friend used to send me and you can translate them from English to Racist for me.

  16. 16
    The Golux says:

    @Yarrow:

    It’s the ugly on the inside that just radiates from her every pore.

    QFT. It’s amazing how the people who replace jettisoned Trump appointees make one long for those jettisoned. Sean Spicer was a rock of integrity and decency in comparison.

  17. 17
    SiubhanDuinne says:

    @Baud:

    Wait, are you saying Trump won’t live to 200? That can only be good news.

  18. 18
    Betty Cracker says:

    @JPL: Jackson is further proof that everything Trump touches turns to shit. I’m just speculating from what little we know, but I get the feeling Jackson is maybe a high-functioning alcoholic. Now he’s toast.

  19. 19

    @Baud: Are you telling me that I cannot trust a man in a uniform? How can that be?

  20. 20
    dmsilev says:

    @Betty Cracker: When his nomination was first announced, I felt bad for him. I sort of thought that Trump strong-armed him into “volunteering” for a job that he knew he wasn’t qualified for.

    Yeah, well, maybe I was a tad too charitable.

  21. 21
    Percysowner says:

    @Yarrow: It takes a lot to lose a government pension. Committing crimes against national security level of bad. Ronnie Johnson was a bad, bad, bad employee, but he didn’t give., or

  22. 22

    @schrodingers_cat:
    From English to Racist? I’m getting the impression that’s been done already.

  23. 23
    zhena gogolia says:

    @Baud:

    6’3″ 239 pounds

  24. 24
    Bobby Thomson says:

    @Betty Cracker: no, proof that only shitty people work for Trump.

  25. 25
    David 🎅🎄Merry Christmas🎄🎅 Koch says:

    The owner of the New England Patriots said in a meeting with NFL owners, executives and players that President Trump was using public fury over football players who kneel during the national anthem as “fodder to do his mission.”
    ***

    “The problem we have is, we have a president who will use that as fodder to do his mission that I don’t feel is in the best interests of America,” Kraft, a longtime Trump supporter, said, according to the Times. “It’s divisive and it’s horrible.”

    If only someone had warned Kraft before the election

    Eagles owner Jeffrey Lurie called Trump’s presidency “disastrous.”

    “Another fact I want to throw out there: Many of us have no interest in supporting President Trump,” Mr. Lurie said.

    “But this is not where you brandish a group of people because they own assets in a sport we love, supporting what many of us perceive as, you know, one disastrous presidency,” he said, using a vulgarity to emphasize “disastrous,”

  26. 26

    @Betty Cracker:

    Jackson is further proof that everything Trump touches turns to shit.

    It’s incredible. Not a lot of things have caught me by surprise in the clusterfuck so far. One has been how powerful and universal the Shit Midas effect has been. The other is his cowardice. I expected both things in general, but not the all-consuming, mythological extent of them. People who had great reputations let Trump touch them, and a few weeks later, we find out they’re incompetent criminals.

  27. 27

    @Frankensteinbeck: To me it was plain old English. I used to think she was a bit high strung and little crazy.
    In fact it was her constant insistence that she was not a racist that prompted me to look at her emails in that light. Especially after her excuse making for the man in the WH.

  28. 28
    SiubhanDuinne says:

    these evil times

    Needs to be a tag.

    (Not the rotating kind; the category kind.)

  29. 29
    Brachiator says:

    @tobie:

    I wonder how long before these DACA make their way to the Supreme Court. Yesterday’s ruling gutting the ability of Americans to hold foreign corporations liable for human rights abuses and today’s oral arguments concerning the muslim ban have gotten me depressed.

    I think that the Court may defer to Trump with respect to the Muslim ban, not wanting to get drawn into a battle over presidential power.

    But Congressional action over DACA might make a Supreme Court battle unnecessary. Unfortunately, the Trump administration, urged on by a nasty anti-immigrant faction of conservatives, keeps targeting groups of nonwhite people, branding them as undesirable, and deporting them. From WaPo and other sources:

    The Department of Homeland Security is preparing to cancel the temporary residency permits of about 9,000 immigrants from Nepal, the Trump administration’s latest move to expel foreigners living in the United States with some form of provisional status.

    According to internal planning documents viewed by The Washington Post, Homeland Security Secretary Kirstjen Nielsen will give the Nepalis a one-year grace period to prepare their departure, but they would face deportation after June 24, 2019.

    The Nepalis were granted temporary protected status (TPS) — allowing them to remain in the United States legally — after a 7.8-magnitude earthquake devastated the country three years ago, on April 25, 2015, killing nearly 9,000.

    The TPS designation was created by Congress in 1990 to avoid sending foreigners back to nations destabilized by natural disasters, armed conflict and other catastrophes.

    Immigration hard-liners in the Trump administration have pushed to eliminate TPS protections whenever possible. In recent months DHS has canceled the residency permits of 200,000 Salvadorans, 50,000 Haitians and a smaller number of Nicaraguans and Sudanese.

  30. 30
    Yarrow says:

    @Frankensteinbeck: OT – I wanted to let you know that I recently saw the former tween, now teen, who I gave your “Please Don’t Tell My Parents I Blew up the Moon” book to a few years ago (when she was a tween) and it is still her favorite book. How many other books are in the series? I owe her a late birthday present and was thinking of getting her the rest of them. Anyway, I thought you’d like to know you have a big fan!

  31. 31
    Bobby Thomson says:

    @Frankensteinbeck: more like a bunch of old white guys with undeserved good reputations have been exposed as the shitheels they truly are.

  32. 32
    trollhattan says:

    @Frankensteinbeck:
    Trump’s “The Cooler” for an entire nation, heck, the world. And yet somehow a serial failed ca$ino owner, a bidnez in which you almost literally mint your own cash.

  33. 33
    Brachiator says:

    OT. Trump gets history wrong again.

    Macron followed a long line of heads of state to address a joint session, from British Prime Minister Winston Churchill in 1941 to Indian Prime Minister Narendra Modi in 2016.

    The French leader noted that his speech to lawmakers fell on the 58th anniversary of the last time a French leader spoke to lawmakers, when President Charles de Gaulle visited Washington in 1960. Although Trump tweeted Wednesday morning that such a “great honor” was “seldom allowed,” more than 100 leaders have appeared before a joint session since Churchill.

    Macron’s speech was well received. Sadly, Trump probably will not pay attention to it, especially the calls for tolerance and multi-national co-operation.

  34. 34

    @schrodingers_cat:
    Oh, I see, I see! Yes, the way they read the same words and seem to take an utterly different meaning out of them. It’s what dog whistling is based on. I grew up… awash in this stuff, where once you already knew that almost all young black men were in gangs or trying to resist being recruited by gangs, that they were standing in the corner of every school yard trying to get kids hooked with that first free sniff of cocaine, tougher drug laws just made sense. It was for their own good! And the whole Middle East was a jumble of ‘Arabs’ and ‘Muslims’ who were all insane and evil and called America the Great Satan, so reasoning with them was a foolish idea. And so on, and so on. I identify racism as much as anything by checking what I was raised to think, and going the other way. Misogyny, too. And abusive psychology. Man, do I hate the South.

  35. 35

    @Yarrow:
    Penny’s story is five books, although I’m planning on doing more books about her friends in that world. The fifth book actually just came out two weeks ago! Here is a link to the first book, and you should see the rest listed. I hope she enjoys!

  36. 36
    Ruckus says:

    @Frankensteinbeck:
    The old adage comes to mind:
    Takes one to know one.
    drumpf not only is looking for boot lickers, he wants people with no good traits. None.

  37. 37
    Mike J says:

    @Chet Murthy: Yesterday when the big news was that he gave staffers on AF1 Ambien it sounded like the sort of nothing story they would throw out to make people think all the accusations were nothing. I knew it couldn’t be all he did to get Republicans to look askance. There had to evidence of worse stuff.

    What’s funny is Sanders complaining about dusky drug mules while the opioid epidemic has been fueled by white guys who went to med school.

  38. 38
    rikyrah says:

    I have told you

    BROWN is the foundation for all advancement in society for the past 50 years.
    They want it overturned!

    https://twitter.com/civilrightsorg/status/989242244011036672?s=20

  39. 39
    Aleta says:

    HUD Sec Carson donates entire furniture collection for use in low income housing. “Inspired” Cabinet members quickly deed 100s of their best houses over to program.

    HUD Sec Carson on Wednesday proposd raising the amount that low-income families are expected to pay for rent — tripling it for the poorest households — as well as making it easier for property owners to demand work requirements for those receiving federal housing subsidies. The move to overhaul how rental subsidies are calculated would affect 4.7 million families.

    “There is one inescapable imperative driving this reform effort,” Carson said. … “The current system isn’t working very well. Doing nothing is not an option.” The bill would also allow public housing agencies and property owners to impose work requirements.

    “Every year, it takes more money, millions of dollars more, to serve the same number of households,” Carson said.
    … Decades-old rules … are “far too confusing” and convoluted, often resulting in families who earn the same income paying vastly different amounts of rent “because they know how to work the system.”
    “They know how to include certain deductions that other people may not be aware of,” Carson said.

    HUD also seeks to eliminate deductions for medical and child-care costs when determining a tenant’s rent.

  40. 40
    JPL says:

    @Brachiator: He’s to busy praising Kanye West.

  41. 41
    Aleta says:

    @Aleta: cont.

    Barbara Sard, vice president for housing policy at the Center on Budget and Policy Priorities, said the latest proposal, if passed, could result in millions of individuals losing their homes. “The very purpose of these programs is to provide a stable home for people who otherwise can’t manage on their own,” Sard said. “Ignoring that destroys the effectiveness of these programs to prevent homelessness and keep children out of foster care.”

  42. 42
    debbie says:

    @JPL:

    Speaking of Kanye, this cracked me up.

  43. 43
    Aleta says:

    @Frankensteinbeck: That looks REALLY good. A 13 yr old girl I know is interested in exactly those things.

  44. 44
    Gelfling 545 says:

    @Chet Murthy: nonsense. He’s just Trump’s type.

  45. 45
    JPL says:

    @debbie: I guess Hollywood stars are relevant again for the GOP .

  46. 46
    David 🎅🎄Merry Christmas🎄🎅 Koch says:

    The Hill
    ‏Verified account @thehill
    7m7 minutes ago

    #BREAKING: Cohen to plead the Fifth in Stormy Daniels lawsuit

    34 replies 69 retweets 99 likes

  47. 47
    JPL says:

    @David 🎅🎄Merry Christmas🎄🎅 Koch: Since he is requesting a stay, what does that mean for the Stormy Daniels case.

  48. 48
    Ocotillo says:

    When Doctor Feelgood gave the presser about our 239 lb occupant, so many of us were thinking he’s lying, Trump put him up to this, etc… Adam even came in and wrote in comments about despite how it looked, the good doctor would do no such thing. Add to mix it was said Obama liked the guy and while no one really believed Fatty really weighs 239, well I guess the doctor is being as vague as possible without out and out lying.

    Now reading the reports, his being a kiss up kind of guy, it really leaves no doubt he lied his ass off at the January presser.

  49. 49
    David 🎅🎄Merry Christmas🎄🎅 Koch says:

    Sarah Sanders
    ‏Verified account @SarahHuckabee
    3 Nov 2016

    When you’re attacking FBI agents because you’re under criminal investigation, you’re losing

    19,959 replies 62,887 retweets 68,303 likes

  50. 50
    Chet Murthy says:

    @Gelfling 545: Sorry, I didn’t mean that Jackson wasn’t culpable. Just that …. well, y’know, when’s the last time a woman was caught doing anything even remotely as flagrant? It’s *men*, and then sure yeah, “men close to Trump — he draws the shits in like a magnet”. But first, it’s men.

  51. 51
    Baud says:

    @David 🎅🎄Merry Christmas🎄🎅 Koch:

    Trump was not impressed.

    “The mob takes the Fifth,” he said at an Iowa campaign rally in September. “If you’re innocent, why are you taking the Fifth Amendment?”

    https://www.washingtonpost.com/news/the-fix/wp/2017/05/23/if-youre-innocent-why-are-you-taking-the-fifth-trump-said-years-after-invoking-it-himself/

  52. 52
    TenguPhule says:

    @David 🎅🎄Merry Christmas🎄🎅 Koch: That tweet did not age well.

  53. 53
    SenyorDave says:

    @Frankensteinbeck: I have no idea about Sanders, but in the mind of Trump, Kelly, most of his administration, and tens of millions of Republican voters, you are missing the bigger picture. They know in their hearts that America is being flooded with drug-dealing, rapist, murdering, Mexican immigrants

    Sanders shouldn’t be given a pass. She comes out on a daily basis trying to justify Trump’s racism. As far as I’m concerned she is no different than any other mouthpiece for a fascist . Whether she believes it or is just doing it for the money, she is an EVIL woman.

  54. 54
    TenguPhule says:

    @Chet Murthy:

    well, y’know, when’s the last time a woman was caught doing anything even remotely as flagrant?

    Dunno, what was Devos’s last public statement?

  55. 55
    TenguPhule says:

    @Chet Murthy:

    But first, it’s men.

    Every woman in Trump’s orbit is simply better at keeping their zippers shut from the public.

  56. 56
    TenguPhule says:

    @Baud:

    I’m starting to doubt his assessment of Trump’s health.

    We should have known that his statement about Trump having the best jeans was wrong when we saw he never wears any.

  57. 57
    Aleta says:

    About the dotted dress worn by the dishonorable curator of sweatshops:

    @HappyHound1
    Replying to @IvankaTrump

    Very toilet paper holder circa 1950 Retro chic

    Picture

  58. 58
    Brachiator says:

    @debbie:

    Speaking of Kanye

    I understand that William and Kate are thinking of naming their new son Kanye. Or Barak.

  59. 59
    Gelfling 545 says:

    @Betty Cracker: its more like he’s a geiger counter for fecal matter. He seeks them out – like calling to like. What’s most amazing is that he has not found someone even by accident who is marginally competent and even borderline ethical when left to his own devices.

  60. 60
    Chet Murthy says:

    @TenguPhule: Well, actually, no. I can hate Devos, but even she hasn’t (ahem) risen to the levels of flagrant illegality, bad judgment, and all-around ass-hole-ish-ness, of just this guy Jackson. And Jackson isn’t the worst.

    I -get- that politically she’s a wrecking-ball, and evil as all-get-out. But (as many have pointed out) it’s that they’re so incompetent at being evil, so incompetent at simply existing on the planet that shocks.

  61. 61
    debbie says:

    @Brachiator:

    Camilla will not be amused.

  62. 62
    cope says:

    @debbie: Truman? Truman? Huh?

  63. 63
    " says:

    @Aleta: Love it. That dress is fugly.

  64. 64
    Cheryl from Maryland says:

    @Aleta: Love the comment. That was one fugly dress.

  65. 65

    @Chet Murthy:

    But first, it’s men.

    Only by coincidence, because there are far less women in Trump’s orbit. The man is disgustingly, overtly misogynistic. He doesn’t trust women in positions of power, and only a few in positions of being his direct sidekick. There just aren’t many getting the chance to prove how corrupt they are.

    EDIT – @Chet Murthy:

    I can hate Devos, but even she hasn’t (ahem) risen to the levels of flagrant illegality, bad judgment, and all-around ass-hole-ish-ness, of just this guy Jackson.

    Given DeVos’s history of pushing policies of bigotry in schools, literally not knowing the slightest thing about her job, and bragging about how she bought her way to power, I think she’s much worse than Jackson in every department.

  66. 66
    TenguPhule says:

    @Chet Murthy:

    but even she hasn’t (ahem) risen to the levels of flagrant illegality, bad judgment, and all-around ass-hole-ish-ness, of just this guy Jackson.

    That we know of. Yet.

  67. 67
    ruemara says:

    @Cheryl from Maryland: TBH, so was Melania’s. She has such bad fashion sense.

  68. 68
    debbie says:

    @Aleta:

    Good god, that’s an ugly dress! And exactly the wrong shoes to wear with it! Coco Chanel is barfing rivers of polyester.

  69. 69
    Stuart Frasier says:

    The craziest thing about this administration is that it makes me believe things that I would have previously dismissed as conspiracy theory. I’m now a Girther, as well as a Peeliever.

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